Mezo v. Warren County Public Library

2010 WL 323302 (2010)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P checked out nine books from D, a public library. The due date for returning the books was in June. During the month of May, P moved from Kentucky to Illinois. P asked his mother to return them for him. She put them in a box on her back porch and presumably forgot about them. P began receiving notices from a collection agency about the overdue library books. P's mother discovered that the books had been stolen from her back porch, and she filed a report with the Edmonson County Sheriff's Department. P informed the library of the theft but did not reimburse the library for the books' value. P filed his complaint and D moved to dismiss. P contends that his library card represents a contract between him and D, stating that he would be responsible for lost or damaged items. P contends that loss and damage do not contemplate or include theft. The trial court held that P had entered into a bailment relationship with the library and that he was, therefore, liable for loss of the books. The trial court granted the motion and P appealed.